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Spouse and child visa query

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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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raja1382
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Posts: 34
Joined: Fri Mar 28, 2014 2:03 pm

Spouse and child visa query

Post by raja1382 » Thu Dec 29, 2016 9:44 pm

Hi
Pls help me with below query.
I acquired British citizenship in dec 2016 via naturalization and Tier 2 ICT 5 year route.
My wife and child joined me in UK from Feb 2014 when new rules are implemented that both need to stay for 5 years from then to acquire British citizenship. After going through board topics, I understood that I will need to do their visa extn based on PBS dependent category. the route seems very expensive in my case and hence I need some clarity if I can apply visa for them as below

Apply FLR M visa for spouse and PBS dependent visa for child, so that atleast I can acquire british citizenship for child after completion of 5 years. I am not much bothered with wife visa as we are happy to keep current nationality in her case and do it at later point.

KIndly advise if it is possible to apply different visa categories for wife and child? or is it mandatory both need to be applied on same visa category ( pbs dependant or FLRM)?

Thanks for your advise.

Kind Regards
Raj.L

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Spouse and child visa query

Post by Casa » Thu Dec 29, 2016 9:51 pm

Do you realise that if your wife switches to FLR(M) it will reset her immigration clock to zero, setting her on a new 5 year path to ILR.

You will have to pay visa fees for this application and again in 2.5 years time for the next FLR(M) extension and for each application the NHS surcharge of £500 will be payable in addition to the visa fees. :idea:

A1 level English will also be required (A2 after May 01/17).
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Spouse and child visa query

Post by noajthan » Thu Dec 29, 2016 9:53 pm

Foreign-born child will follow same course as least-privileged (in immigration context) parent.
Such a child cannot register as a citizen before that parent naturalises.
Child normally requires ILR too. Their registration is at Home Secretary's discretion.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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CR001
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Re: Spouse and child visa query

Post by CR001 » Thu Dec 29, 2016 9:54 pm

raja1382 wrote:Apply FLR M visa for spouse and PBS dependent visa for child, so that atleast I can acquire british citizenship for child after completion of 5 years.

KIndly advise if it is possible to apply different visa categories for wife and child? or is it mandatory both need to be applied on same visa category ( pbs dependant or FLRM)?

Thanks for your advise.

Kind Regards
Raj.L
You can't do this. Your dependents have to either both be PBS dependents or both switch to FLR(M) and a new 5 year (2 x 2.5 year visas) route to ILR. Child will always follow the same route as the mother and qualify for ILR when the mother does.

On FLR(M), your dependents also have to pay the immigration health surcharge of £500 EACH in addition to the visa fee (£811 each by post or £1311 each for an in person appt).

As Tier 2 ICT dependents, they are exempt from paying the immigration health surcharge and your wife also DOES NOT need A1/A2 English for PBS dependent extension whereas she will need it for FLR(M).

Edit : beaten by Casa and Noajthan :wink:
Char (CR001 not Casa)
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noajthan
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Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Spouse and child visa query

Post by noajthan » Thu Dec 29, 2016 10:02 pm

Takeaway: Forget cunning fee reduction schemes and wheezes;
PBS never had it so good.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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